Theme: Fundamentals of theory of state and law.

Plan:

- Concept of state and law. Creation of state and law. Role and social essence of state and law, its functions.

- Source (form) of law. Definition of law and subordinate acts. Provision of law and its structure.

- Legal relation. Legal right and legal duty. Implementation of provision of law. Enforcement of law. Interpretation of law. Legal conscience and legal culture.

- Violation of law and. Course of law and legal order. Sanctions.

- System of law. Impact of law on state.

Key words: legal relation, sources, law, subordinate acts, violation of law, juridical responsibility.

Definition of state. Society and state. General characteristics of theories of state creation. Eastern (Asian) way of state creation. Western way of state creation. State attributes. Essence and mail characteristics of state. Mechanism of state. Functions of state. Historical types of state. State in a judicial superstructure. Form of state (form of government, form of state structure, political regime). Political system. Peculiarities of law-governed state. Law-governed state and civil society. Kazakhstan is a sovereign and independent state.

Role of law fundamentals in the system of legal knowledge. A subject of law fundamentals. Methods of law fundamentals. Principles of law fundamentals. Structure of law fundamentals. Interrelation of law fundamentals with other legal sciences and branches of law. Law fundamentals and theory of state and law. Law fundamentals and branches of law. General development stages of law fundamentals as a classroom discipline. Sources of law fundamentals. The system of law fundamentals.

Concept of right. Creation of a right. Role and social essence of right. Functions of right. Source (form) of right. Definition of law and subordinate acts. Right relation. Legal right and juridical obligation. Implementation of provision of law. Enforcement of law. Interpretation of right. Legal consciousness and culture.

Violation of law and juridical responsibility. Legitimacy and legal order. Sanctions. System of right. Impact of right on state.

Subject, method, system, functions of course “Law fundamentals”. The subject of course “Law fundamentals” is most common patterns of creation, development and functioning of state, right and smoothly connected other social developments and processes. Subject of this course “Law fundamentals” is first of all oriented to the study of General part of legal sphere and laws of the Republic of Kazakhstan.

Course “Law fundamentals” during study of developments, processes and features referring to state or right uses different methods. They can be classified as universal, general and special. Dialectical, historicism, objectivity, analysis, synthesis, induction and deduction methods belong to universal methods.

Dialectics is science on development and enforcement which in this course “Law fundamentals” means that state and law developments are considered not as a static, but vice versa in movement, change position they like living organism live and evolve. If to consider law-governed state from the point of view of dialectics we can say that state is always in movement, so in the process of creation, development and change. That is why we cannon consider state in dialectics as something static, stiffy, vice versa we need to show directions and trends in its developments.

Objectivity method means that state and law, also categories and concepts connected with them must be considered in the complex of problems and processes, which were a reason of definite phenomena, but not subjectively and unilaterally, lopsidedly. In this sense of word objectivity method is closely connected with a historicism method.

Historicism method gives an opportunity to study, learn and consider phenomena and processes, which are connected with a state and law, and themselves directly in given period of society, civilization and history development. For example, we can not to evaluate the state of legal order without taking into account characteristics of one or another political and legal regime, where it was creating and developing.

Polysemy and richness of state and law mean possibility of their study in different positions, using several paradigms, concepts, tenets. Assumptions of variety in the study of state and legal phenomena are expressed in pluralistic approach. It gives an opportunity to create all-round conception on state and legal phenomena, to create more optimal system of thinking, which would combine perfections of different schools of thought and approaches.

Method of analysis belongs to general scientific methods, which means that since the state-legal phenomena are complex and multi-functional hence we need to use mental disposition of its constituent parts. Thus, we can determine character of interrelation between them. For example, the right can be represented as interrelated elements such as signs, sources, legal system, etc.

Synthesis is a method which is opposite to analysis technique and represents the union of the elements and properties into a single unit. So, general idea of state is being created on the basis of individual institutions, as the President, Parliament, government, local administration, city administration and ministry.

Methods of induction and deduction as a general scientific method are used in the course " Fundamentals of law". They are based on different principles of mental activity. Induction involves the study of the movement from the particular to the general, when the signs of characteristics of the single element are transferred to the whole system. For example, we can make more generalized conclusion law system as a whole based on characteristics of the provision law. Deduction vice versa involves research of object in the direction from the general to the specific. So if you know the definition and elements of right relation it is possible to deduce its structure elements: subject, object, subjective rights and legal obligations.

General methods include systemic, structural - functional, comparative (contrastive) methods of legal modeling.

Systematic approach considers the state-legal sphere as a system that is a whole consisting of interrelated elements. We pay attention to the nature of the relationship with the external environment. State and right develop in response to stimulation pulses from the outside and from within. Systematic approach includes the structural - functional, which comes from the fact that state-legal phenomena have a structure, are composed of elements, each of which performs a specific function, and together they provide the vital functions of the system as a whole. If a particular element does not perform its function, then the whole system works poorly.

Under this approach, the mechanism of legal regulation represents a system of interconnected elements consisting of the provision of law, legal facts, and acts of application of provision law, legal relations, and acts of rights and duties implementation. If law enforcement is not effective in this mechanism or there is legal nihilism of the population, while in general it will not be able to ensure law and order.

Great importance in the theory of law is given to comparative (contrastive) method. Its advantage is the possibility of typology of state - legal phenomena that develop in different countries in the same period and on this basis identification of the strengths and weaknesses of specific legal systems, forms of government, political regime and etc. This allows defining scopes and possibilities of transferring foreign and legal development to a specific region, state.

Method of legal modeling has recently become widespread. It is oriented to the search of state and legal institutions optimal structure for the conditions of specific country of the, which is done by a perfect reproduction of the objects in relation to a particular situation. This method allows you to update the categorical apparatus of science, to anticipate possible development trends of state and law.

Formal - legal approach involves studying or research of internal structure, sources, methods, organizing state - legal phenomena and processes.

Specific - sociological approach is implemented through social studies. Also public opinion, an attitude of society to the laws and state itself are studied. This method uses the various techniques of sociological research, such as: observation, questionnaires, interviews, content - analysis, sociometry, experiment.

Private (specific to individual branches of law) methods are mainly used in various branches of law and jurisprudence. It includes private methods of examination, experiment, etc.

The system of the course " Fundamentals of law" is similar to the system of jurisprudence, which consists of theoretical jurisprudence, historical - legal sciences, branch legal sciences and application of legal science. In addition to the latter, they are all related to the subject matter of the course " Fundamentals of law." Thus, we can say that elements and institutions of the theoretical, legal-historical, branch legal sciences form the system of " Fundamentals of Law".

Theoretical legal sciences are studying the most common patterns of state-legal phenomena development. This group includes theory of state and law, which is one of the key elements of the subject matter of the course " Fundamentals of law".

Historical and legal sciences consider creation and development of legal ideas, government agencies, and legal systems. This group representing the history of state and law of Kazakhstan, history of state and law of foreign countries, history of political and legal doctrines. The above mentioned state-legal processes and phenomena somehow are studied by the course " Fundamentals of law".

Branch legal sciences include international law, constitutional law, administrative law, criminal law, employment law, civil procedure, etc. They consider legal rules and institutions of a specific branch, the specificity of their effects on social relations. The course " Fundamentals of law" examines the fundamentals of all these listed branches of law. The functions of the course " Fundamentals of law." The need of any course is determined by the purpose that it serves in society. Social purpose of discipline is implemented in terms of functions - main directions of its activity. " Fundamentals of law" as an academic course has a number of functions. Among them there is epistemological function which is the knowledge and explanation of essence of state-legal phenomena. By studying state and law and related processes, " Fundamentals of law" contribute to the formation of a holistic view of state and law, their creation, forms, signs, sources, systems, basics of various branches of law, as well as the formation of legal relationship of education, provision of law, and violations of law and so on.

Methodological function of " Fundamentals of law" is expressed in the fact that by studying basic features of the most common categories and concepts of state and law, acts referring to certain branches of law as a methodological basis. For example, subject, methods, techniques, tools, knowledge, generalized empirical material, system of concepts, categories and laws are discussed in opening chapters of textbooks on " Fundamentals of law".

During the study of course " Fundamentals of law" students gain knowledge about the latest achievements in the field of state and law theory of our country. Lawyers, legislators, politicians use the latest achievements in the field of jurisprudence and law during working out draft legislation and ordinary citizens - in their daily lives.This is an application function of the course " Fundamentals of law."

Predictive function closely associated with application function, meaning of which is to develop possible variants for evolution of state and law. This function is particularly relevant in times of reforms, when sweeping changes in the state sphere are implemented and there is a need to anticipate their possible results.

It is impossible not to note the humanitarian function theory of state and law which is expressed in conformation of values ​ ​ of democracy, human rights and freedoms, of humanity in mass and individual consciousness. This function is carried out through the learning process, mass media; using those people get knowledge on state and law from the theory of state and law.

Since the theory of state and law considers such important issues as power, state, law, it can also perform an ideological function. It is usually needed in totalitarian or authoritarian regimes, where the ruling elite use theory of state and law to impose a particular system of values.

One of major achievements of human development is a creation of state and law. In fact, these two mutually complementary phenomena have given a huge boost to the development of human society on the path of civilization, giving it good organization and order. Therefore, study of basic concepts and categories of state and law is a theoretical and methodological basis for all subsequent branches of the law.

The concept of " state" in its modern sense was introduced in science with the beginning of the XVI century by Italian philosopher Niccolo Machiavelli (1469-1527 years). He used the word «stato» (from Lat. Status - position, status). to identify state. Prior to that all public establishments were created: - " republic", " kingdom", " urban community", " princely domination", " earth", " policy", " autocratic rule", " tyranny", " oligarchy", etc. There are many approaches to the definition of the state.

The communicative approach. According to this approach, when trying to determine the state the focus is given to public-power nature of the state, considering it according to Aristotle, as " a natural form of communication, " as the universal organization of society, created for the gaining common good. The population living in the territory of the state is an association of citizens, subordinate to the power, bound by a common goal and obligation to follow the laws of the state.

Further confirmation of the present approach is in the works of Roman orator and philosopher Mark Tullius Cicero (106-43 years. BC., who considered the state as a compound in a single unit, in the civil community of all the components of its citizens. An outstanding representative of German philosophy Immanuel Kant (1724-1804 years), wrote that «state is a society of people, which owns and operates itself ", is " bringing people together under the auspices of the legal laws" ³.

Organizational and structural approach highlights state from society and associates it with a centralized group which monopoles power functions and relies on a implementation of hierarchical administrative apparatus and provision of law. The founder of this approach in understanding the nature of state was a French jurist Jean Bodin (1529-1596 years.), who treated state as a special organization of supreme political power, possessing sovereignty. The sovereignty of state is reflected in its exclusive opportunity to create right and implement laws. State is the mechanism for implementing of political interests of society, relying on special bodies: army, court, police, government. It is the supreme organs of the state led by the governor (monarch) are the repository of sovereignty. Thus, state authorities are allocated from the society and opposed to it. In this case, state is understood as a system of institutions of public power, as a tool of management, isolated from society and expressing its interests or According to institutional approach for expression and representation of private and public interests of significant social groups, individuals create political institutions. According to the Kazakhstani specialist AA Matyuhin within the institutional approach " state is an element of law", and institutions in narrow juridical sense is primarily marginalized groups (aggregate) of legal rules governing homogeneous relationships or any their components; or norms, accompanying their sanctions and organizational forms in which they express: " commonly established law and law, judicial institutions to which we can appeal." In expanding of legal context to general legal, here " also include morals, and even deeper meaning of institutions is that they express not only laws, but the" spirit of the laws. " Institutions are maintaining liberty only in the case if they are not just " laws» (legal), but also are legitimate (legitimate).

Achieving of harmony, balance of private and public interests can be performed by reaching a compromise between interests of social groups, their alignment and formation on the basis of shared goals, and also by suppressing interests of one group by another. In the first case state acts as an embodiment of social solidarity, mechanism for reconciliation of diverse interests. This thesis is based on the theory of solidarity, which came into state from political science. Its author is a French political scientist L.Dyugi (1859-1929 years). This theory was confirmed in modern industrialized countries, where the share of " middle class" is 70%. This allows us to talk about commitment of majority of society to the values ​ ​ of solidarity, common good, social justice and security, which represent state and law.

The structure of state mechanism consists of: 1) state bodies. Hierarchically interrelated state bodies that perform the same function, form a subsystem of state mechanism There are following subsystems among them: legislative, executive, judicial, controlling; 2) principles that determine an order of activities and functioning of state organs; 3) powers exercised by state bodies, special class of people who are professionally engaged in the field of management - bureaucracy.

Functions of the state are main courses of state activity in which an essence and purpose are expressed. Functions of state are different forms of state activity which is directed towards the community, environment, social groups and individuals, to other states. In legal terms, we can name three functions of state: legislative, use of law and law enforcement. By sanctioning law-making function involves development and adoption of new regulation acts or cancellation of old ones by state. Enforcement activity of state is a fulfillment of regulations by adopting measures for their implementation. Law enforcement function is performed through the control and supervision of the observance and implementation of legal norms and use of coercive measures against violator.

Other functions of the state. Internal: 1) establishment and protection of legal order, public security, property rights, other rights and freedoms of citizens; 2) economic; 3) cultural; 4) social; 5) environmental. External: 1) maintenance of peace and peaceful coexistence; 2) providing of a business partnership and collaboration; 3) protection of state sovereignty from external attacks.

An idea that state should not be unrestricted and its impact should be limited by law was said in ancient times. Thus, an ancient Greek philosopher Plato wrote: " I see the death of state where the law has no power and is under someone else's authority. However, where the law is a lord of the rulers, and they are its slaves, I see a salvation of state and all blessings which only gods can bestow to states". However, the idea of boundness of state by right obtains a consistent development in XVII-XVIII centuries among European thinkers. The theory of legal state formed during the period of absolute monarchies in Europe, which has become the exact opposite of an idea of a police state.

Supporters of legal state are based on the idea of ​ ​ natural, inalienable rights inherent to every human being from birth and include the right to life, liberty, property, security and resistance to oppression. In order to ensure everyone conditions to enjoy equally natural rights society produces state, and it is intended to ensure the implementation of these rights. This emphasizes the primacy of interests and rights of human being, and state should serve the people, but not vice versa.

Among natural rights of people the English philosopher John Locke singled out the property right: " Great and main purpose of people uniting in the state and transferring themselves under authority of the government is in order to maintain their property". The property right includes right to own property, to protect it from arbitrary taxation and confiscation by the state, the equality of all types of property, freedom of property acquisition and disposition of it.

Right to life is no less significant. It is not confined to physical existence guarantees and personal safety, but includes the right to a decent life, the right of everyone " to be master of himself, " to choose freely life goals and achieve them.

A third point of natural classic rights is the right to liberty, which manifests itself to act in freedom within the scopes that do not violate the rights of others. In this case, people have to follow the rule: " everything is permitted that is not forbidden by law."

4-тақ ырып. Бизнес дегеніміз не? Қ оғ ам. Серіктестік. Бірлестік. Жақ ты жә не жақ сыз сө йлем. Жақ ты жә не жақ сыз сө йлемдерді практикалық жолмен мең герту.

Бизнес – ағ ылшын тілінен алынғ ан болып, “іс, іскерлік” дегенді білдіреді. Бизнес-жоспар, бизнес-ой (идея), ерекше ойларды қ айдан табамыз, бизнес-ойдан бизнес-жоспарғ а қ алай кө еміз деген сияқ ты сұ рақ тарды студенттерге тапсырма ретінде беру. Қ оғ ам - жалпы мағ ынасында, мә дениеті ортақ, белгілі бір аумақ та тұ ратын жә не ө здерін біртұ тас, ө згеше бірлестік деп білетін адамдар тобы; тар мағ ынасында бұ рыннан немесе жақ сы танымал ұ лттық бірлестік. Серіктестік — коммерциялық ұ йымдар қ ызметінің негізгі ұ йымдық -қ ұ қ ық тық нысаны. Бірлестік экономикада— кә сіпорындардың қ ызметтерін ү йлестіру, қ ұ қ ыларын қ орғ ауды қ амтамасыз ету, жалпы мү дделерін тиісті мемлекеттік жә не басқ а да органдарғ а немесе халық аралық ұ йымдарғ а жеткізу мақ сатымен салалық, аймақ тық не басқ а негізде біріктірілген жү йесі. Жақ ты сө йлем – бастауышы бар, кейде айтылмай тұ рса да, бастауышын баяндауышы арқ ылы табуғ а болатын жай сө йлем. Жақ сыз сө йлем – бастауышы мү лде жоқ жә не баяндауышы арқ ылы бастауышынан табуғ а болмайтын, баяндауыштың ө зі ғ ана сол сө йлемге ұ йытқ ы болатын жай сө йлем. Студенттерге жақ ты жә не жақ сыз сө йлемдерді практикалық жолмен мең герту.

Lecture 4.

Subject: Basic concepts of the constitutional law of the Republic of Kazakhstan

Plan:

- Constitutional law – is the leading branch of the law of the Republic of Kazakhstan. Constitutional law of the Republic of Kazakhstan is a branch of the law and the legal science. Constitutional and legal norms and their types. Legal institutions.

- The Constitution of the Republic of Kazakhstan - is the highest law of the state. Principles of the Constitution of the Republic of Kazakhstan. The essence of the Constitution. General characteristics of the Constitution of Kazakhstan.

- About correspondence of the Constitution and laws. Correspondence of the Constitution norms with the norms of international agreements. The stages of constitutional legislation development.

Keywords: the constitution, a branch of law.

Constitutional law is the main branch of a national legal system of the Republic of Kazakhstan. Constitutional law defines the relationships making the basis of the society and the state, relationships connected with the execution of public authority and also relationships between the state and the person.

Constitutional law is formed of legal norms defining and regulating social relations that represent the main concepts of the constitutional system of the Republic of Kazakhstan, the legal status of the person and the citizen, and a system of state power and control bodies.

The source of the constitutional law of the Republic of Kazakhstan is understood to be normative legal acts acting within the territory of the Republic of Kazakhstan and regulating society structure and state power organization.

The source of the constitutional law, i.e. of the outer form of representation is, first of all, the Constitution, constitutional laws, laws and other regulatory acts, legal customs, normative agreements.

The main source of the constitutional law of the Republic of Kazakhstan is the Constitution. It can be explained by the fact that the Constitution has an external legal force and direct effect within the whole territory of the republic. All other sourced are derived from the norms of the Constitution and should not contradict it.

The Constitution is the main state law. The word “constitution” has Latin origin; “constitution” can be translated from the Latin language as a “body”, “establishment”. Being the main law of the state the Constitution appeared with the development of bourgeois states. Constitutions can be classified according to various characteristics. It can be rigid and flexible according to the type of changes and amendments. Rigid constitutions are adopted by the general voting by referendum or by special constitutional procedure, constitutional meetings or by Parliament.

Flexible constitutions are adopted and amended within the adoption of usual laws.

According to the shape Constitutions can be written and unwritten. Written constitution is a single legal document. Unwritten constitution includes several unsystematized acts of constitutional character, judicial precedents and legal customs.

The Constitution has a special position in the legal system of a modern democratic state and is one of essential characteristics of the legal state. To have a constitution – is an obligatory factor of the law, rule of law and stability of the government institution.

Constitutions have specific legal characteristics: supreme legal force, direct operation, constituent character, special way of adoption and amendments.

The Constitution is a legal act of a constituent character. The Constitution of the Republic of Kazakhstan was approved by nation-wide voting thus the nation will is realized in the constitutional norms which are of constituent character i.e. primary character. The Constitution regulates basic, fundamental relationships that appears in the society and covers all spheres of life: political, economic, social and cultural.

The Constitution of the Republic of Kazakhstan has supreme legal force and is in the head of the system of legal acts in the country. Supremacy of the Constitution is that none of laws or legal acts should contradict the norms of the Constitution. Law or other legal acts that contradicts the constitutional norms are subject to the abolition in the manner prescribed by the laws. Direct operation of the constitutional norms means that norms are applicable directly while regulation of the public relations. The Constitution is an acting legal act; norms of the Constitution are applicable within the whole territory of the Republic of Kazakhstan. Direct operation of the constitutional norms means that public bodies and officials must follow the Constitution. Citizens and their associations in case of their rights protection should invoke only the constitutional norms.

The Constitution being the highest law is characterized by the stability thus it has special procedure of its adoption and changes. Article 91 Section 2 of the Constitution of the Republic of Kazakhstan stipulates that basic fundamental principles may not be changed. They are: the unitary status and territorial integrity of the Republic and also the forms of government of the Republic of Kazakhstan. These principles can be changed only by the adoption of a new constitution. Additions to the Constitution may be introduced only by an all-nation referendum held by the decision of the President of the Republic. Amendments and additions may be introduced by the Parliament in case the President decides to pass it to the consideration of the highest representative body. The draft of the amendments to the Constitution shall be considered within a joint session of both Chambers. Amendments and additions are considered to be adopted if not less than two-thirds of the total number of Parliament deputies vote for them.

Constitutional development of Kazakhstan. The question about the period of time when the constitutional development of Kazakhstan began is a subject of discussions among scientists of law, historians and etc. It is assumed that the first attempts to create a constitutional state were taken by the representatives of the alashsk movement in 1916-1919 years. Such lawyers of Kazakhstan as Nurpeisov E.K., Kotov A.K. suppose that “the activity of the Alash Horde government appears to be interesting as a state beginning the constitutional evolution of Kazakhstan to sovereignty”.

The next stage of the constitutional development of Kazakhstan is represented by the Soviet constitutionalism that began when Soviet came to power. Three Constitutions were adopted during that period: the Constitution of the Kazakh Autonomous Soviet Socialist Republic (KASSR) dated the 18^th of February 1926, the Constitution of the Kazakh SSR in 1937 and the Constitution of the Kazakh SSR in 1978. The peculiarities of the mentioned above Constitutions are formal democratic character and at the same time a significant divergence with the reality. In general, the constitutional law of 20-30s did not reflect the realities of the totalitarian – oppressive regime set up in Kazakhstan. As for the latter constitutional law of the soviet period it is necessary to note that it was based on the principle of the state priority over the person. It can be also mentioned that legal norms did not correspond to their implementation in a real life.

The modern stage of the constitutional development begins with the proclamation of state sovereignty of the Republic of Kazakhstan on the 25^th October 1990. The Declaration of the state sovereignty of the Kazakh SSR and the constitutional law “On state independence of the Republic of Kazakhstan” were adopted at that time. The milestone of the constitutional evolution was the adoption of the Constitution of the Republic of Kazakhstan on the 28th January, 1993. It was a significant step in the democratization of the Kazakh society, the Constitution made a civilized constitutional state from a new independent one. The Constitution of 1993 has not defined the shape of state governmental rule in the text, at the same time from the meaning of the Constitution it was easy to assert that the Republic of Kazakhstan moved more towards a parliamentary republic. For the first time a principle of separation of authorities was the constitutional one, the system of checks and balances in the organization of state was fixed and it was represented by the following elements: presidential veto and mechanism to overcome it, the resignation of the President and Vice - President, the resignation of the Cabinet of Ministers and etc.

The modern Constitution of the 30 August 1995 consolidated presidential form of government in Kazakhstan and thus became the symbol of the newest stage of constitutional evolution of the Republic of Kazakhstan. Constitution of the Republic of Kazakhstan was adopted by nation-wide voting by national referendum dated the 30 August 1995. Due to the further establishment of the state character of the Republic of Kazakhstan on the 7^th October 1998 the Constitution was amended and added by the Constitutional law adopted by the Parliament of the Republic of Kazakhstan. The Constitution of the Republic of Kazakhstan consists of a preamble and nine chapters. Preamble reflects the constituent nature of the Constitution and indicates a special party who received it - the people of Kazakhstan. The first section, called the “general provisions”, provides the basis of the Republic system, the fundamental principles of the Republic of Kazakhstan activity.

Constitution made from Kazakhstan a democratic, secular, social and legal state (Article 1). The Republic of Kazakhstan is constituted like a unitary state with a presidential form of government. It is emphasized that the only source of the power is the people. Constitution establishes the principle of powers separation into three branches: legislative, executive and judicial. Moreover, the Constitution establishes a strong power of the President. The presidential form of government is set forth in the Constitution. The second section, called “The Individual and the Citizen” provides the basis of the legal status of individuals and citizenship of citizens of Kazakhstan. The third section fixes a constitutional status of the President of the Republic of Kazakhstan and it is called “The President”. Sections IV, V and VII are devoted to the definition of the constitutional and legal status of the Parliament, the Government and the courts of the Republic of Kazakhstan. The Section number Six defines the status of the Constitutional Council apart. The eighth chapter is devoted to the base of a local government and self-government in the Republic of Kazakhstan. And the last IX section defines the final and transitional provisions.

5-тақ ырып. Акционерлік қ оғ ам. Ақ ша. Сө йлемнің тұ рлаусыз мү шелері. “Жө н”, “лайық ”, “қ ажет” сө здерін пайдалана отырып, сө йлем қ ұ рауғ а жаттық тыру, тұ рлаусыз мү шелерді практикалық жолмен мең герту.

5. Акционерлік қ оғ ам — капиталды орталық тандырудың жә не ірі кә сіпорындарды ұ йымдастырудың негізгі формасы. Ақ ша - айырбас қ ұ ралы ретінде барлық адамдармен қ абылданатын жә не басқ а тауарларды (қ ызметтерді) бағ алауғ а қ ызмет ететін кезкелген тауар немесе символ. Тұ рлаусыз мү шелер деп сө йлемдегі анық тауыш, толық тауыш жә не пысық тауыш мү шелерді айтамыз. “Жө н”, “лайық ”, “қ ажет” сө здерін пайдалана отырып, студенттерді сө йлем қ ұ рауғ а жаттық тыру, тұ рлаусыз мү шелерді жаттығ у орындау арқ ылы мең герту.

Lecture 5.

Subject: the base of a legal status of the individual and the citizen in the Republic of Kazakhstan

Plan:

- General issues of the citizenship. The notion of the citizenship according to the legal system of the Republic of Kazakhstan. Its acquisition and loss.

- The system of constitutional rights, freedoms and responsibilities of the individual and the citizen.

- Legal status of foreign citizens in the Republic of Kazakhstan

Keywords: citizenship, legal status.

Article 1. The Constitution of the Republic of Kazakhstan stipulates that the highest values of Kazakhstan society is the individual and its life, rights and freedoms. This constitutional statement expresses the idea of the priority of human’s rights and freedoms over the interests of the state. The state is supposed to respect an individual, protect his rights and freedoms.

Constitution of the Republic of Kazakhstan codifies the most significant rights and freedoms of the individual. For the first time the Constitution of Kazakhstan in the article 12 paragraph 4 declares that human rights and freedoms shall belong to everyone}' by virtue of birth, be recognized as absolute and inalienable. The constitutional rights and freedoms belong to every human and citizen and form the core a legal status of the individual.

It is generally recognized that the constitutional rights and freedoms should be classified according to the character of relationships appearing between individuals and the state and also between people. Thus they can be divided into personal, social and economic and political.

A person has personal rights and freedoms independently from his citizenship. These rights and freedoms are connected with the life, dignity and other essential human right. They are: the right to life (art.15), the right to personal life (art.16) and the right to move freely (art.21), the right for the inviolacy of a person’s dignity (art.17), the right for inviolability of a private life (art.18), the right to be recognized as a subject of the law and protect his rights and freedoms (art.13), the right to get competent legal assistance.

Social and economic rights define the position of the individual like a member of a civil society. They are: the right to property (art. 26 p.6), the right to freedom of labor (art.24), the right to rest (art. 24 p.4), right to social security (art.28 p.1), the right to care and upbringing of children (art.27), the right to protection of health (art.29), the right to education.

Range of political rights and freedoms defines the legal position of citizens in the system of social relations in the implementation of the government. And the citizens of the Republic of Kazakhstan are endowed with a large amount of political rights and freedoms than foreigners and stateless persons residing in the territory of the Republic of Kazakhstan. The most important rights and freedoms in this area is the right to participate in the elections and the national referendum (art. 33 p. 2), the right to participate in the government of the state’s affairs (art. 33 p. 1), the right to serve in a public office (art. 33 p. 4).

Moreover there are such rights as: the right to freedom of expression and creativity, the right to freedom of associations, the right to peaceful assembly, rallies, demonstration.

The legal status of the person and the citizen cannot exist without basic responsibilities that are set forth in the Constitution. And the responsibilities are defined for all people within the territory of Kazakhstan (to observe the Constitution and the law of the Republic of Kazakhstan; to respect rights, freedoms, honor and dignity of others, to respect national symbols and to pay taxes) and only for the citizens of Kazakhstan (to defend the Republic of Kazakhstan, to perform military service, to care for the protection of historical and cultural heritage, and preserve monuments of history and culture and to preserve nature)

Citizenship of the Republic of Kazakhstan

The legal status of the individual cannot be separated from the citizenship. The citizenship is defined as a stable political and legal relationship of a person with the state, expressing the scope of their rights and responsibilities. The citizenship - is a legal status but not the actual one.

The citizenship is given on some grounds. The law “On Citizenship of the Republic of Kazakhstan” dated 20.12.1991 with amendments and additions dated October 3, 1995 stipulate the following:

1. The acquisition of citizenship by birth on the principle of “the law and the blood” - if one parent is a citizen of the Republic of Kazakhstan and in case there are no disagreements the child acquires the citizenship of the Republic of Kazakhstan.

On the principle of “The right of soil” - if the child was born in the territory of the Republic of Kazakhstan at stateless parents (stateless persons), or if his parents had not been identified, he acquires the citizenship of the Republic of Kazakhstan.

2. Conferment of citizenship of Kazakhstan is carried out at the request of a citizen of another country or a stateless person. Some conditions are necessary to receive the citizenship of the Republic of Kazakhstan. The decision of the conferment of citizenship made ​ ​ by the President of the Republic is required. In addition, citizenship is acquired on the grounds and in the manner provided for interstate agreements of the Republic of Kazakhstan and on other grounds provided by the Law of citizenship of the Republic of Kazakhstan.

Termination of the citizenship should be provided by the law of the Republic of Kazakhstan in the result of the withdrawal or loss of citizenship of the Republic of Kazakhstan. Renunciation of citizenship is voluntary and is carried out at the request of the person. Loss of citizenship comes as a result of cases provided by the law.

6-тақ ырып. Валюта, оның тү рлері. Терминдер мен актив сө здерді айтып ү йренің із. Етістік, етістіктің шақ тары, тү рлері. Етістіктің ө ткен шақ формаларын практикалық жолмен мең герту.

6. Валюта жә не валюталық саясаттың теориялық негіздері.Оның мә ні мен тү сінігі, жү йесі жә не оның тү рлерін қ азақ тілінде мазмұ ндауғ а дағ дыландыру.Терминдер мен актив сө здерді сө здікті пайдалана отырып теріп, оларды айтып ү йреніп, кү нделікті кә сіби лексикалар қ атарына енгізу. Етістік - қ азақ тіліндегі сө з таптарының ішіндегі ең кү рделі жә не қ арымы ең кең грамматикалық категория. Етістіктің шақ категориясы қ имыл, іс-ә рекеттің сө йлеп тұ рғ ан сә тпен байланысты болып ө ткендігін немесе болып жатқ анын, не ә лі болмағ анын, бірақ болатынын білдіріп, ә р тү рлі жолдармен жасалады. Етістік тү рлері. Етістіктің ө ткен шақ формаларын практикалық жолмен мең герту.